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6.08.020 Animals Running at Large and Grazing Prohibited-Exception-Nuisance

A. ANIMALS AT LARGE. It is unlawful for any person owning or having possession, charge, custody or control of any animal, to cause or permit or allow the same to stray or run, or in any other manner to be at large in or upon any unenclosed lot or place. Whenever an animal is found running at large, the same shall constitute prima facie evidence that the owner permitted it to run at large. It shall likewise be unlawful for any person owning or having possession, charge, custody or control of any animal to cause or permit or allow the same to be staked out, or to herd or graze any animal upon any unenclosed private lot or land in such a manner that the rope or other attachment by which such animal is tethered may permit such animal to be or to go beyond the boundaries of the unenclosed private lot or land. Any animal, suffered or permitted to be at large, or otherwise to be within the City in violation of the provisions of this Title, is declared to be a public nuisance.

B. DOGS IN PUBLIC. No dog is permitted upon a street or other public place unless on a leash not in excess of six (6) feet in length and under the immediate care and control of the owner or other person having the care and custody thereof, except during supervised dog training classes, shows or exhibitions held in City Parks when authorized by a Park Use Permit issued by the Parks and Recreation Department.

C. OFF LEASH DOG AREAS IN CITY PARKS AND BEACH. Notwithstanding anything in this section to the contrary, properly licensed and tagged dogs without vicious, dangerous or aggressive propensities and are healthy and not in heat may be exercised off-leash within the areas designated in paragraph C (2) if under the care, custody or control of a person responsible for the off-leash dog.

  1. Responsible Person. A person having possession, charge, custody or control of the off-leash dog must remain present with the off-leash dog at all times, must carry a leash, must leash the dog at the first sign of aggression, must clean up dog feces created by the dog, and bears full responsibility for filling any holes and repairing any damage created by the dog. The person responsible for the off-leash dog must comply with rules and regulations regarding the park, and must remove the dog when the off-leash dog park is closed.
  2. Off Leash Dog Areas. Dogs may be exercised off-leash in the following areas: · Douglas Family Preserve, within the area posted by the Parks and Recreation Director in accordance with the resolution adopted by the City Council. · Elings Park, subject to the rules and regulations of the operator of the park. · Hale Park. · On the beach from the Shoreline Park Staircase west to the eastern edge of the Arroyo Burro Estuary.

D. PENALTIES FOR VIOLATION. Any violation of this section will be charged and prosecuted as an infraction. If the person charged hereunder has been previously convicted of violating this Section and the animal at large bites, attacks or causes injury to any person or other animal, the violation of this Section may be charged and prosecuted as an infraction or a misdemeanor in accordance with Section 1.28.010 of this Code. The Animal Control Supervisor and all animal control officers, park rangers and police officers shall have the duty and the authority to enforce this Section.
(Ord. 5323, 2004; Ord. 5218, 2002; Ord. 5049, 1988; Ord. 4621, 1990; Ord. 4460, 1987; Ord. 4346, 1985; Ord. 3744, 1975.)